A Kilrush man yesterday appeared in court concerning an organised public fist fight in a field in a west Clare town that was videoed and later uploaded to Facebook and YouTube.
At Kilrush District Court, Insp Tom Kennedy said that it will be alleged that Detective Garda Conor Flaherty while on mobile patrol on August 5th last observed Anthony Kelly (37) in shorts and with his top off and his hands taped engaged in a fist fight with another bare chested man in a field in Cappagh, Kilrush.
Insp Kennedy said that the alleged fight was taking place in a field in Kilrush where there were 20 to 30 males looking on.
Insp Kennedy said that the fight between Mr Kelly of Place de Plouzane, Kilrush and another man was filmed and later uploaded to social media.
In the case, Mr Kelly is accused of breaching Section 16 of the Criminal Justice Public Order Act where he is alleged to have committed an affray with another person, Kilrush man, Alan Clohessy (28) in that he used or threatened to use unlawful violence towards each other and such conduct resulted in a person present to fear for his or another person’s safety.
After hearing an outline of the facts, Judge Patrick Durcan declined jurisdiction and transferred the case to the circuit court where more serious penalties apply on conviction.
In the district court on conviction, penalties of up to one year in jail apply while this increases to jail terms up to five years in the circuit court on conviction.
Judge Durcan said: “I am not going to accept jurisdiction in this case because this type of behaviour is reminiscent of faction fighting that used to take place in this country 100 years ago.”
He said: “It is an activity that should be dealt with most severely and discouraged in every way.”
Judge Durcan said that having said that, “in relation to Anthony Kelly, Anthony Kelly is an innocent man in relation to this matter”.
Judge Durcan stated: “I am simply expressing my view if there is a conviction recorded in relation to the case.”
As a result, Judge Durcan remanded Mr Kelly on continuing bail to June 19th to Kilrush District Court for the preparation of a Book of Evidence.
The case will then be forwarded to Ennis Circuit Court.
